English
EspañolIf the other parent took my child to the CNMI without my consent, can s/he then file for custody in the CNMI?
If you and your child live in another state or territory, a court in the CNMI might refuse to hear a custody case if you can prove that the other parent wrongfully took your child.1
If the other parent files in a CNMI court to modify a custody order issued by another state or territory, you will need to prove both of the following things to try to stop the modification:
- you are the person with custody rights according to the order from the other state or territory; and
- the other parent has improperly:
- removed your child from your physical custody; or
- refused to return the child after a scheduled visit.2
However, the CNMI court may still allow the modification case to proceed if it serves the child’s best interest.2
You will likely need to travel to the CNMI to prove all of this to the judge, and you may need to hire an attorney. However, if the judge agrees with you and dismisses the case, the other parent may be ordered to pay your expenses.3
1 8 CMC § 1609(a)
2 8 CMC § 1609(b)
3 8 CMC § 1609(c)
